Reports of Cases Heard And Determined in the Appellate Division ..., volume 93
Reports of Cases Heard And Determined in the Appellate Division ..., volume 93
New York (State). Supreme Court. Appellate Division, Marcus Tullius Hun, Jerome B. Fisher, Austin B. Griffin
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Charles Pache, Appellant, v. Bertha Oppenheim, as Executrix, etc., of Eliza Paohe, Deceased, Respondent. hifnunt hy a husband of his wife's funeral expenses — reimbursement from her estate — he may bring the action therefor in the New York Municipal Court, A husband who pays bis wife*8 funeral expenses is entitled to reimbursement from the wife's estate for the reasonable expenses so incurred. Aasuming that the liability of the wife's estate to the husband is based upon a quasi contract, an act...ion to enforce such liability is an action to recover dam- ages upon contract within the meaning of subdivision 1 of section 1 of the Kew York Municipal Court Act (Laws of 1902, chap. 580), which confers on such court jurisdiction of "an action to recover damages upon or for breach of contract, express or implied, other than a promise to marry, where the sum claimed does not exceed five hundred dollars." Appeal, by permission, by the plaintiff, Charles Pache, from an order of the Appellate Term of the Supreme Court, entered in the office of the clerk of said court on the 23d day of November, 1903, whidi order affirmed a judgment of the Municipal Court of the city Digiti ized by Google 222 PACHE V.
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